Advice on what I can do about my Paralympic trip being cancelled .....Help please!!

KRgrant

@eskbanker Many thanks Many thanks
And on it 

sheramber

I think  you have a battle on your hands.

Your booking confirmation states

Contracted Flight Included

No

So they have not included the flight as part of the package booking although you booked  with them.

 
So according to them the  package is the hotel and transport only.

Package Details

Name Complete Ground Package – S***************Hotel

Airport Transfer

Narita or Haneda Return Airport Transfer Service

They have not booked flights as part of the package as it is shown as Additional Services

eskbanker

sheramber said:

I think  you have a battle on your hands.

Your booking confirmation states

Contracted Flight Included

No

So they have not included the flight as part of the package booking although you booked  with them.

 
So according to them the  package is the hotel and transport only.

Package Details

Name Complete Ground Package – S***************Hotel

Airport Transfer

Narita or Haneda Return Airport Transfer Service

They have not booked flights as part of the package as it is shown as Additional Services

But the point is that Nirvana can't override OP's statutory rights, so by combining a set of items on one invoice for one total price, without redirecting OP to BA's website or creating two separate independently priced bookings, they've created a flight-inclusive package as far as the PTRs are concerned (as per extracts quoted in earlier posts), even if Nirvana don't believe they have, i.e. their arbitrary subdivision of what's in or out isn't legally binding and the law takes precedence, granting OP cancellation and full refund rights for the whole booking.

sheramber

I agree that is what the OP wanted to book and what he thought he booked.

It is what anybody booking through the website would expect.

They have not booked what the  OP   intended , but have not been clear about that, relying on saying you need to  check what is on your booking confirmation. I doubt anybody would pick up the distinction on the booking confirmation.

They do not state that they book flights separately. Only , that if they are booked directly they are not part of the package.

In effect they have misled/mis sold the trip to the OP.  

How he pursues that is another matter. 

I doubt a chargeback will be successful.

I think it will have to be an LBA and small court claim.

 

eskbanker

I think we're coming at this from different directions - my assertion is that the PTRs override Nirvana's attempt to structure the booking as a package plus flights, but your view appears to be that the booking confirmation is the definitive position!  Provides OP articulates the primacy of the PTRs in determining the scope of the package, I see no reason why a chargeback claim should fail, but time will tell....

sheramber

No, I agree with you it should all be covered.

But Nirvana explain it otherwise which is why I think they will contest the chargeback. 

Had it been a S75 claim it would have been the banks decision but not with a chargeback.

eskbanker

sheramber said:

No, I agree with you it should all be covered.

But Nirvana explain it otherwise which is why I think they will contest the chargeback. 

Had it been a S75 claim it would have been the banks decision but not with a chargeback.

The bank can still side with the cardholder even if the merchant disputes a chargeback, as long as it's made clear by the claimant that the merchant isn't complying with their legal obligations, but s75 also remains an option where the merchant is acting as the supplier, in the defined role of package organiser (unlike the scenario where they're simply in the role of agent).

Given the fact that the bank funds s75 reimbursements while the merchant picks up the tab for chargebacks, they may be more likely to support the latter if it's made clear that a s75 claim would follow an unsuccessful chargeback attempt!

KRgrant

@eskbanker @sheramber

Again thanks for all the help. I replied to the last email and have had an email back below. I wanted to give them one last chance and I was really not happy with what they were saying. The gesture of good will they mention below is a joke as i am in receipt of an e-mail saying these won't be charged anyway!

It is looking like they are trying to go down the non package route! Can I ask if they argue it they way they have put it to me below am I going to come up short. I know it is just your opinions but I have come to value your input. Thanks in advance.

My colleague ############## has passed me you email. 

I just want to emphasise that we are really not trying to be difficult or deceive in any way. We are a family business who have built our reputation as a sport specialist travel agent by really trying to go the extra mile, even in the most difficult circumstances.

The whole team at Nirvana were delighted and proud to be appointed as the travel and ticketing agent for the Paralympics. However, the decision by Tokyo 2020 to stage the Games without spectators was a huge blow and has caused a difficult and unprecedented travel, accommodation and ticketing conundrum to solve. At the heart of this is doing the best by our customers and attempting to maintain a viable and sustainable business.

I would like to take each element of your transaction with Nirvana in turn, so that whatever course of action is taken, it is based on the facts.

1. Tickets for the Paralympic events:

The tickets purchased for the event are not part of the package. These are subject to a separate set of terms that are determined by Tokyo 2020. As the nominated ticketing agent for Paralympic tickets in the UK, we were given the right to sell these tickets on behalf of Tokyo 2020. When international travels were prevented from attending the Games, the management team at Nirvana, agreed that a full refund should be given against these purchases. 
This has not been the cases with many of the Authorised Ticketing Agents (ATR’s) who retained the service charge element of the transaction.
To be clear, you will receive a full refund for your tickets, we are currently just waiting for Tokyo to return the funds to our account and we will make immediate payment. The delay has simply being caused because Tokyo 2020 has put the worlds biggest international ticketing programme into reverse. Not an easy process and one that has never been done before.

2. Travel and accommodation package

Before I handle this element, I just want to be clear on the context of the issues we now face with travel to Tokyo.
Your booking was not cancelled or changed by Nirvana. In fact your package, and this is the issue, is still fully operational. Hotel bookings are still in place and your booked flights are operating as normal. In fact we still have customers travelling to Tokyo who have the required visa, accreditation and vaccine status.
We wrote to everyone and explained the situation and asked if they wanted to cancel, to which of course the majority of people did cancel.

I wanted to be clear on these point because we are definitely not saying you have not booked a package, clearly you did. However your package as far as hotels, transfers and flights are concerned, is technically still operational.

Therefore all we can do in these exceptional circumstances is to attempt to get as much money back for you as we can. Normally when the passenger cancels for whatever situation it is difficult to cancel or change the contracts we have in place with operators.

Helen and her colleagues have attempted everything they can to get BA to change your tickets but they are sticking to their position of no refund. However they will issue a voucher for travel up to 2023. I realise not being able to change the name on the vouchers is frustrating but it is again clearly stated as BA’s policy.

I realise that this is a difficult situation for all parties, however I can only agree with Helen’s position. To hold on and see if BA do change their schedule which will then generate a full refund or take the vouchers.

In regard to the £52.00 service charge that we were retaining on the package element of your transaction, we will waive this element as a gesture of good will.

I really do understand your position and completely empathise. We really do want to do our upmost to help, however we are tied by the fact that the flights are still operating, consequently we can only get a voucher for your trip.

I do hope we can regain your trust in this matter and work together to get to the best possible conclusion given the circumstances.

Yours sincerely

David Newton
Chief Operating Officer

sheramber

  In fact we still have customers travelling to Tokyo who have the required visa, accreditation and vaccine status.We wrote to everyone and explained the situation and asked if they wanted to cancel, to which of course the majority of people did cancel

Now they have agreed you have a package booking so these regulations come into play.

From  March 21 Japan  announced spectators would not be allowed to enter Japan for the Olympics or Para Olympics.

sO, I would have thought your Package Booking failed from then.

Your booking was not cancelled or changed by Nirvana.

They  asked you if you wanted to cancel, without explaining the consequence,  so are now focussing on that fact to avoid refunding you under the Package Booking Regulations.

CMA sent an open letter to the package travel sector 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/985949/Open_letter_to_package_travel_companies_May_2021_HV_edit.pdf

I would say section 12 c  would apply in your case.

It might be as well to contact your credit card to start a claim.

Chargeback may be out fo date now but you can try a S75 claim.

Hopefully @eslbanker will pop in with his views.



I did say I thought you would have a fight on your hands.

eskbanker

KRgrant said:

2. Travel and accommodation package

Before I handle this element, I just want to be clear on the context of the issues we now face with travel to Tokyo.
Your booking was not cancelled or changed by Nirvana. In fact your package, and this is the issue, is still fully operational. Hotel bookings are still in place and your booked flights are operating as normal. In fact we still have customers travelling to Tokyo who have the required visa, accreditation and vaccine status.
We wrote to everyone and explained the situation and asked if they wanted to cancel, to which of course the majority of people did cancel.

I wanted to be clear on these point because we are definitely not saying you have not booked a package, clearly you did. However your package as far as hotels, transfers and flights are concerned, is technically still operational.

Therefore all we can do in these exceptional circumstances is to attempt to get as much money back for you as we can. Normally when the passenger cancels for whatever situation it is difficult to cancel or change the contracts we have in place with operators.

This latest email puts a different slant on the situation which I believe helps you - my understanding from previous posts was that they were arguing that the flights were outside the scope of 'the package' and that therefore they couldn't refund those when the rest of the package was being refunded, but they now seem to be accepting that 'the package' includes both travel and accommodation.

This is good news in the sense that it's now only necessary to demonstrate that you are entitled to cancel the package, and once that has been established then, under the Package Travel Regulations, you're entitled to a full refund of everything on the booking.

This really means that we're right back to my first reply at the start of the thread:

eskbanker said:

Assuming your booking is a package falling within the remit of the Package Travel Regulations, then the fact that Japan isn't admitting tourists constitutes 'unavoidable and extraordinary circumstances' warranting cancellation and a full refund, even if the flights are still operating (which is irrelevant if you're not allowed to use them).

Even if Nirvana's claim of others travelling on visas is true, the fact remains that Japan isn't admitting tourists from the UK other than in exceptional circumstances, so this triggers your right to cancel under regulation 12(7) of the PTRs, as these are obviously "unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and which significantly affect (a) the performance of the package, or (b) the carriage of passengers to the destination".

I can't recall if you've explicitly made it clear to them that you're exercising your rights to cancel under that regulation, but if you haven't then it would be worth doing so, in order to emphasise that the fact that they haven't cancelled is irrelevant.

sheramber said:

Chargeback may be out fo date now but you can try a S75 claim.

For future-dated purchases such as this, the 120 day chargeback period starts from the scheduled departure date next month, unless claiming more than 540 days from the original payment, but as you say s75 remains an option.